Prováděcí rozhodnutí Rady (EU) 2026/1204 ze dne 28. května 2026, kterým se stanoví uspokojivé splnění podmínek pro částečné vyplacení sedmé splátky podle Plánu pro Ukrajinu v rámci Nástroje pro Ukrajinu a mění prováděcí rozhodnutí (EU) 2024/1447

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine FacilityOJ L, 2024/792, 29.2.2024, ELI: http://data.europa.eu/eli/reg/2024/792/oj. , and in particular Article 20(2) and Article 26(4) thereof,

Having regard to the proposal from the European Commission,

The satisfactory fulfilment of the relevant conditions for the partial payment of the fifth, sixth and seventh instalments of the non-repayable financial support and of the loan support amounting in total to EUR 2949367660 before clearing the pre-financing, out of which EUR 386258902 corresponds to the fifth instalment, EUR 796658985 corresponds to the sixth instalment and EUR 1766449773 corresponds to the seventh instalment, is hereby established in line with the assessment provided by the Commission in accordance with Article 26 of Regulation (EU) 2024/792 and annexed to this Decision.

The application of a mitigating factor is established, taking into account the satisfactory fulfilment of two steps under the eighth instalment and two steps under the ninth instalment, the importance of the steps that have not been fulfilled and the reasons for their non-fulfilment, as well as the importance of the quantitative and qualitative steps that have been fulfilled early. The application of the mitigating factor shall lead to a reduction of the suspension value corresponding to the unfulfilled steps under the seventh instalment by an amount of EUR 392544392.

OJ L, 2024/792, 29.2.2024, ELI: http://data.europa.eu/eli/reg/2024/792/oj.

(1) Pillar I of the Ukraine Facility (the Facility), established by Regulation (EU) 2024/792, makes financial support of up to EUR 38338555759 and the equivalent in EUR of SEK 2000000000 at the official exchange rate at the time of the transfer of the additional financial contribution by Sweden to the FacilityCouncil Implementing Decision (EU) 2026/480 of 23 February 2026 amending Implementing Decision (EU) 2024/1447 as regards the additional financial contribution from Sweden (OJ L, 2026/480, 2.3.2026, ELI: http://data.europa.eu/eli/dec_impl/2026/480/oj). In accordance with Implementing Decision (EU) 2026/480, Sweden will provide SEK 2000000000 as an additional financial contribution to Pillar I of the Facility in the form of non-repayable financial support following the entry into force of a transfer agreement between Sweden and the Commission and the transfer of the related financial contribution. available to Ukraine for the period 2024-2027 in the form of non-repayable support and a loan. Financing under Pillar I is mainly allocated on the basis of the Ukraine Plan of the Facility (the Plan), approved by Council Implementing Decision (EU) 2024/1447Council Implementing Decision (EU) 2024/1447 of 14 May 2024 on the approval of the assessment of the Ukraine Plan (OJ L, 2024/1447, 24.5.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1447/oj). . The Plan sets out Ukraine’s reform and investment agenda, and the qualitative and quantitative steps that are linked to funding under Pillar I of the Facility.

(2) The timetable for monitoring and implementing the Plan, including the qualitative and quantitative steps that are linked to funding under Pillar I of the Facility, is set out in the Annex to Implementing Decision (EU) 2024/1447.

(3) The total sum of financial resources made available for the Plan amounts to EUR 32338555759, of which EUR 5338555759 and the equivalent in EUR of SEK 2000000000 at the official exchange rate at the time of the transfer of the additional financial contribution by Sweden to the Facility are in the form of non-repayable financial support and up to EUR 27000000000 is in the form of a loan.

(4) In accordance with Articles 24 and 25 of Regulation (EU) 2024/792, EUR 6000000000 has been disbursed to Ukraine as exceptional bridge financing and EUR 1890000000 in the form of pre-financing, representing an advance payment of 7 % of the loan support that Ukraine is eligible to receive under the Plan.

(5) In accordance with Article 26(4) of Regulation (EU) 2024/792, EUR 18874654180 has been disbursed to Ukraine in the first six instalments under the Plan, of which EUR 3601252880 has been disbursed in the form of non-repayable financial support and EUR 15273401300 in the form of a loan. In accordance with the Loan Agreement concluded between the Union and Ukraine pursuant to Article 22 of Regulation (EU) 2024/792, an amount of EUR 1149610850 from the first six instalments was used to clear the pre-financing of the loan.

(6) The methodology for handling the partial fulfilment of steps in the Plan was set out in the Commission Communication of 3 April 2025 on the methodology for handling the partial fulfilment of steps in the Ukraine Plan under the Ukraine Facility Regulation in accordance with Article 26(5) of Regulation (EU) 2024/792. After one year of application, sufficient practical experience has been gained to warrant a review of that methodology. In addition, the continuation of the Russian war of aggression against Ukraine and the intensification of attacks against Ukrainian critical civilian and energy infrastructures create serious disturbances to the legislative work of the Verkhovna Rada and continue to weigh on Ukraine’s administrative capacities. In line with the methodology set out in the Commission Communication of 17 April 2026 amending the methodology for handling the partial fulfilment of steps in the Ukraine Plan under the Ukraine Facility Regulation and replacing Communication C(2025) 1725 (the Commission Communication of 17 April 2026 ), it should be possible to adjust the suspension value to take into account mitigating factors. The application of mitigating factors and the final determination of the adjusted suspension value should be established by the Council, in line with Articles 19, 20 and 26 of Regulation (EU) 2024/792.

(7) In accordance with Article 26(2) of Regulation (EU) 2024/792, on 14 April 2026 Ukraine submitted a duly justified request for the payment of part of the fifth, sixth and seventh instalments of the non-repayable financial support and of the loan support, amounting to EUR 2949367660. The request also covered four steps under subsequent instalments. The request was accompanied by a series of documents evidencing the satisfactory fulfilment of one step under the fifth instalment, two steps under the sixth instalment, eleven steps under the seventh instalment, two steps under the eighth instalment and two steps under the ninth instalment. Ukraine also submitted all documents required under Article 12 of the Framework Agreement, Article 5 of the Financing Agreement and Article 6 of the Loan Agreement concluded between the Union and Ukraine pursuant to Articles 9, 10 and 22, respectively, of Regulation (EU) 2024/792.

(8) The steps underpinning Ukraine’s latest request relate to various reforms set out in the Plan under the chapters on public financial management, the judicial system, the fight against corruption and money laundering, financial markets, management of public assets, human capital, the business environment, energy sector, transport, the agri-food sector, the management of critical raw materials, digital transformation and the green transition and environmental protection. The medium-term state debt management strategy, amendments to the relevant legislation on state financial control, the population employment strategy, the state targeted economic programme for the energy modernisation of heat generating enterprises for the period up to 2030 and the resolution on the Scientific and Expert Council on Climate Change and Preservation of the Ozone Layer have been adopted. At least 20 % of judicial vacancies have been filled, the 20 % of old disciplinary cases not considered as of end of 2023 have been settled, and the qualification evaluation (vetting) in respect of 50 % of judges who still had to undergo it as of 30 September 2016 has been completed. The laws on the enforcement of court decisions related to monetary and non-monetary obligations and further digitalising enforcement proceedings, on the improvement of state regulation for capital markets and organised commodity markets, on the basic principles of housing policy, on deregulation in specific sectors, on the transposition of the electricity integration package and on the functioning of the Integrated Electronic Identification System have entered into force. A data collection system on the enforcement of court decisions has become operational. The resilience assessment of the banking system, the report on the implementation of state support through the State Agricultural Register and a study on the legislation on Environmental, Social, and Governance (ESG) reporting have been published.

(9) In accordance with Article 26(3) of Regulation (EU) 2024/792, the Commission has assessed Ukraine’s request in detail and made a positive assessment of the satisfactory fulfilment of one of the two outstanding steps required for the fifth instalment, both of the outstanding steps required for the sixth instalment and eleven of the twenty steps required for the seventh instalment, as specified in the Annex to this Decision. That assessment has been made in the context of the implementation of the Plan. Further alignment with the Union acquis will be facilitated through the Union accession process. In addition, the Commission made a positive assessment of the satisfactory fulfilment of two steps under the eighth instalment and two steps under the ninth instalment and has included its assessment of those steps in the Annex to this Decision. That assessment is undertaken solely with a view to the application of the partial payment methodology and is without prejudice to the full assessment of the eighth and ninth instalments. It does not entail a double payment for the steps concerned. Based on that assessment and in line with the methodology for handling the partial fulfilment of steps in the Plan, as amended by means of the Commission Communication of 17 April 2026 , the Commission proposes reducing the suspension value relating to the unfulfilled steps under the seventh instalment, while ensuring that sufficient incentives for the implementation of the non-fulfilled steps are maintained.

(10) In its payment request, Ukraine confirmed that it has not reversed any measure related to the steps which it had previously satisfactorily fulfilled.

(11) The Commission has further assessed that Ukraine continues to fulfil the pre-condition for Union support set out in Article 5 of Regulation (EU) 2024/792. In particular, Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities.

(12) This Decision should therefore establish that the relevant conditions for the payment of the fifth instalment in respect of one of the two outstanding steps, of the sixth instalment in respect of both of the outstanding steps and of the seventh instalment in respect of eleven of the twenty steps under the Plan have been satisfactorily fulfilled.

(13) Implementing Decision (EU) 2024/1447 should therefore be amended accordingly.

(14) Considering Ukraine’s urgent financing needs, it is of the utmost importance to disburse the funds as soon as possible. Given the urgency of the situation and with a view to expediting the process, this Decision should enter into force on the date of its publication in the Official Journal of the European Union and should apply from the date of its adoption,

Implementing Decision (EU) 2024/1447 is amended as follows:

Where Ukraine has not satisfactorily fulfilled one or more qualitative and quantitative steps due under a given instalment, but it has already satisfactorily fulfilled one or more qualitative and quantitative steps due under a subsequent instalment or can demonstrate that a quantitative step has been partially fulfilled, the Council, upon a proposal from the Commission, may take into account such early or partial fulfilment as a factor in determining the amount of the partial payment to Ukraine under the first of those instalments. Account shall be taken of the importance of the qualitative and quantitative steps that have not been fulfilled and of the reasons for the non-fulfilment thereof, as well as of the importance of the quantitative and qualitative steps that have been fulfilled early.

Where Ukraine has not satisfactorily fulfilled one or more qualitative and quantitative steps due under a given instalment, but it has already satisfactorily fulfilled one or more qualitative and quantitative steps due under a subsequent instalment or can demonstrate that a quantitative step has been partially fulfilled, the Council, upon a proposal from the Commission, may take into account such early or partial fulfilment as a factor in determining the amount of the partial payment to Ukraine under the first of those instalments. Account shall be taken of the importance of the qualitative and quantitative steps that have not been fulfilled and of the reasons for the non-fulfilment thereof, as well as of the importance of the quantitative and qualitative steps that have been fulfilled early..

Council Implementing Decision (EU) 2026/480 of 23 February 2026 amending Implementing Decision (EU) 2024/1447 as regards the additional financial contribution from Sweden (OJ L, 2026/480, 2.3.2026, ELI: http://data.europa.eu/eli/dec_impl/2026/480/oj). In accordance with Implementing Decision (EU) 2026/480, Sweden will provide SEK 2000000000 as an additional financial contribution to Pillar I of the Facility in the form of non-repayable financial support following the entry into force of a transfer agreement between Sweden and the Commission and the transfer of the related financial contribution.

Article 1 Article 1 Establishment of the satisfactory fulfilment of the conditions for the payment 1.The satisfactory fulfilment of the relevant conditions for the partial payment of the fifth, sixth and seventh instalments of the non-repayable financial support and of the loan support amounting in total to EUR 2949367660 before clearing the pre-financing, out of which EUR 386258902 corresponds to the fifth instalment, EUR 796658985 corresponds to the sixth instalment and EUR 1766449773 corresponds to the seventh instalment, is hereby established in line with the assessment provided by the Commission in accordance with Article 26 of Regulation (EU) 2024/792 and annexed to this Decision. 2.The application of a mitigating factor is established, taking into account the satisfactory fulfilment of two steps under the eighth instalment and two steps under the ninth instalment, the importance of the steps that have not been fulfilled and the reasons for their non-fulfilment, as well as the importance of the quantitative and qualitative steps that have been fulfilled early. The application of the mitigating factor shall lead to a reduction of the suspension value corresponding to the unfulfilled steps under the seventh instalment by an amount of EUR 392544392.

Article 2 Article 2 Amendments to Implementing Decision (EU) 2024/1447

Article 3 Article 3 Entry into force

(1) in Article 2, the following paragraph is added:6.Where Ukraine has not satisfactorily fulfilled one or more qualitative and quantitative steps due under a given instalment, but it has already satisfactorily fulfilled one or more qualitative and quantitative steps due under a subsequent instalment or can demonstrate that a quantitative step has been partially fulfilled, the Council, upon a proposal from the Commission, may take into account such early or partial fulfilment as a factor in determining the amount of the partial payment to Ukraine under the first of those instalments. Account shall be taken of the importance of the qualitative and quantitative steps that have not been fulfilled and of the reasons for the non-fulfilment thereof, as well as of the importance of the quantitative and qualitative steps that have been fulfilled early. ;

(2) in Article 3, the following paragraph is added:5.Where Ukraine has not satisfactorily fulfilled one or more qualitative and quantitative steps due under a given instalment, but it has already satisfactorily fulfilled one or more qualitative and quantitative steps due under a subsequent instalment or can demonstrate that a quantitative step has been partially fulfilled, the Council, upon a proposal from the Commission, may take into account such early or partial fulfilment as a factor in determining the amount of the partial payment to Ukraine under the first of those instalments. Account shall be taken of the importance of the qualitative and quantitative steps that have not been fulfilled and of the reasons for the non-fulfilment thereof, as well as of the importance of the quantitative and qualitative steps that have been fulfilled early..

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union .

It shall apply from the date of its adoption.

Council Implementing Decision (EU) 2024/1447 of 14 May 2024 on the approval of the assessment of the Ukraine Plan (OJ L, 2024/1447, 24.5.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1447/oj).

HAS ADOPTED THIS DECISION: